The Role of the Contract Administrator

Question 1

You act on behalf of a client who is to be appointed as Architect/Contract Administrator under a standard JCT Standard Building Contract Without Quantities (SBC/XQ) form of contract. What advice should you give your client:

1. On the key terms that they should look for in their Appointment Agreement, and
   why;

Answer 1

Key terms to look for in the Appointment Agreement for an architect under a JCT Standard Building Contract 2016 With Quantities include:

1. Scope of Services: This outlines the specific responsibilities and duties of the architect, including the extent of their involvement in the design and construction process.
2. Time frames: The agreement should specify the start and end dates of the architect’s services, as well as any deadlines for completion of specific tasks.
3. Fees and Payments: The agreement should detail the fee structure, including any hourly rates, expenses, and any contingencies for additional services.
4. Liability and Insurance: The agreement should address the architect’s professional liability insurance, as well as any other insurance requirements.
5. Termination: The agreement should specify the conditions under which the architect’s appointment may be terminated, as well as the consequences of termination.
6. Confidentiality: The agreement should address the obligation of both parties to maintain the confidentiality of sensitive information.
7. Intellectual Property: The agreement should specify who owns the rights to the design and other intellectual property created by the architect.

These terms are important because they define the relationship between the architect and the client, and set out the expectations and responsibilities of each party. They can help to avoid misunderstandings and disputes, and ensure that the project is completed successfully.

Question 2

You act on behalf of a client who is to be appointed as Architect/Contract Administrator under a standard JCT Standard Building Contract Without Quantities (SBC/XQ) form of contract. What advice should you give your client:

2. The standard of care that will be expected of your client by their Employer;

Question 3

You act on behalf of a client who is to be appointed as Architect/Contract Administrator under a standard JCT Standard Building Contract Without Quantities (SBC/XQ) form of contract. What advice should you give your client:

3. The principal duties that your client will have in relation to the issuing of notices and certificates under the Building Contract.

Question 4

Explain the key terms that you would expect to find in the Appointment Agreement of an Architect, and why.

Question 5

Explain, with reference to relevant case law, the standard of care that an Employer can require from his Architect.

Question 6

What are the principal duties of an Architect appointed under the JCT Standard Building Contract With Quantities (SBC/Q) in relation to the issuing of notices and certificates, and what are the principles which govern the way in which those duties should be carried out in terms of fairness and independence?